Introduction

The amendments to the youth justice process contained in the Children, Young Persons and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 are the most significant in the history of the Youth Court – certainly since its inception in 1989. These amendments, which come into force on 1 October 2010, have important implications for the Youth Court and will present some substantial new challenges for youth advocates.

This book is not a fully fleshed-out, fine-tooth analysis of the new legislation and all its challenges and implications. Rather, it seeks to highlight the key changes and the issues arising out of the new legislation for youth advocates to consider.
The book follows a clear format. It is divided into four parts: –

dealing with 12 and 13 year olds before the Youth Court;

longer, existing orders;

new orders; and,

miscellaneous matters.

Under each of those four headings there is a detailed explanation of the new law and then a list of some of the implications that arise.

It should be noted that the book does not suggest final answers in respect of the implications and issues that have been identified. The list has been prepared by His Honour Judge Becroft. It would be inappropriate for the judge, in his role, before this legislation has even been before the Youth Court, to express any view. There will of course need to be full argument in respect of these issues with time for considered decisions.

The early Youth Court decisions that are made in respect of these implications / issues will be of enduring significance and will provide guidance to those involved in the youth justice process for at least the next twenty years. The Youth Court will need careful, comprehensive and thought-provoking arguments from youth advocates in respect of these issues, and will depend upon their expert input.

We encourage all of you in the first months, as the new law takes effect, to very carefully address its full implications.

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